Law No. 75 of April 21, 2026 (finally approved on April 15 and published in the Official Journal No. 110 of May 14, 2026) represents a structural turning point for the national agri-food sector. Overcoming decades of regulatory fragmentation, the legislator has introduced a comprehensive reform that elevates the authenticity and quality of products to an independent legal asset, defining "agri-food heritage" as a strategic national asset to be protected with innovative criminal, administrative, and procedural tools.
1. The penal revolution: the new Chapter II-bis of the Penal Code
The core of the reform lies in the addition of Title VIII of Book II of the Criminal Code, which now includes specific protection for agri-food heritage. The new provisions aim to target not only traditional counterfeiting, but the entire economic cycle of irregular products:
- Food Fraud (Article 517-sexies of the Criminal Code): This law penalizes anyone who distributes (by importing, exporting, or distributing, including online) non-genuine water or beverages or beverages that differ in origin, quality, or quantity. The penalty is imprisonment for two months to one year and a fine of up to €4,000, unless the offense constitutes a more serious crime.
- Trading with False Marks (Article 517-septies of the Criminal Code): This law punishes the use of false or misleading information regarding origin and quality. A significant new development is the explicit extension to e-commerce and the possibility of using advanced investigative tools such as wiretapping and telecommunication surveillance. Penalties are more severe: imprisonment from three to eighteen months and fines of up to €20,000.
- Enhanced Protection for PDOs and PGIs (Art. 517-quater of the Criminal Code): The protection of geographical indications has been extended to include customs warehousing and temporary storage, with increased prison sentences, now ranging from one to four years.
2. The fight against organized crime: agropiracy
To address systemic fraud, Article 517-octies of the Criminal Code introduces the aggravating circumstance of agro-piracy. This occurs when the illegal conduct is carried out through the deployment of organized means and activities. At the same time, the reform addresses corporate liability (Legislative Decree 231/2001): the administrative liability of legal entities is triggered precisely in the case of aggravated forms of agro-piracy, requiring companies in the supply chain to adopt dynamic organizational models to monitor traceability.
In the event of repeat or particularly serious offenses, the judge can impose drastic additional sanctions, such as temporary closure of the plant (from 5 days to 3 months, or up to a year in the most serious cases) or even permanent closure, a measure aimed at excluding from the market businesses consistently involved in food crime.
3. Innovations in the administrative system: official blockade and sanctions
On the administrative side, the law introduces new deterrent criteria and flexibility tools:
- The "Official Block": This is a precautionary measure that allows authorities to seize products or vehicles in the presence of document violations or non-health hazards. The operator has ten days to regularize the situation; if successful, the product is released, avoiding seizure and ensuring the principle of proportionality.
- Combating Milk Sounding (Article 7-bis of Legislative Decree 231/2017): It is now expressly prohibited to invoke dairy names (e.g., "milk," "butter") for plant-based products, even if accompanied by specifications such as "vegetable." Fines for large companies can reach 3% of turnover, with a cap of €100,000.
- Traceability Strictness: Failure to comply with traceability obligations carries fines ranging from €6,000 to €48,000, which can rise to €150,000 for larger companies.
- Reorganization of the Fishing Sector: The sanctions regime for marine fishing has been completely rewritten, introducing specific penalties for those who obstruct controls or violate labeling regulations throughout the supply chain.
4. Perishable goods
The reform also affects the Code of Criminal Procedure to prevent the loss of evidence in the perishable goods sector:
- Urgent withdrawals can be made without notifying the defender in case of risk of alteration.
- The evidentiary incident is extended to perishable products to crystallize the evidence before the deterioration of the good.
Finally, the law has a social aspect: seized or confiscated products, if fit for human or animal consumption, are not destroyed but can be donated to charitable organizations, subject to the removal of counterfeit brands.
Conclusions
The 2026 reform is not a simple update of penalties, but a paradigm shift that asks companies to be more compliance and responsibility in supply chain management.
Content by the Lawyer. Giorgio Rusconi and of the lawyer. Laura Carrara
